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FELDMAN v. PHILADELPHIA HOUSING AUTHORITY

Nos. 93-1977, 93-1978, 93-2115, 93-2129 and 93-2139.

43 F.3d 823 (1994)

James C. FELDMAN, v. The PHILADELPHIA HOUSING AUTHORITY; Jonathan A. Saidel, individually and as Chairman of the Board of Commissioners of the Philadelphia Housing Authority; John Paone, individually and as Executive Director of the Philadelphia Housing Authority; Peggy Jones; Clayton Carter, Jr.; Nellie Reynolds; Courtney C. Smith, Jr., individually and as members of the Board of the Philadelphia Housing Authority. Jonathan A. Saidel, in his individual capacity, Appellant in Nos. 93-1977 and 93-2129. John Paone, Appellant in No. 93-2115. Philadelphia Housing Authority, Jonathan A. Saidel and John Paone, in their official capacities, Appellants in Nos. 93-1978 and 93-2139.

United States Court of Appeals, Third Circuit.

Decided December 22, 1994.

Order Amending Opinion January 23, 1995.

Sur Petition for Rehearing February 15, 1995.

Attorney(s) appearing for the Case

Alan Klein (argued), Barry H. Boise, Cohen, Shapiro, Polisher, Sheikman & Cohen, Philadelphia, PA, for appellant Jonathan A. Saidel.

Robert J. Sugarman (argued), Sugarman & Associates, Philadelphia, PA, for appellant John Paone.

Jerome J. Shestack (argued), Joseph C. Crawford, Jonathan D. Wetchler, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, for appellants Philadelphia Housing Authority, Jonathan Saidel, and John Paone.

Joseph F. Lawless, Jr. (argued), Newtown Square, PA, for appellee.

Before STAPLETON, GARTH and PRATT, Circuit Judges.

OPINION OF THE COURT

GEORGE C. PRATT, Circuit Judge:

INTRODUCTION

Plaintiff James C. Feldman claims the defendant Philadelphia Housing Authority ("PHA"), through its agents, defendants Jonathan A. Saidel and John Paone, violated the First and Fourteenth Amendments of the Constitution of the United States, as well as the State of Pennsylvania's "whistleblower" statute, by firing him in retaliation...

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